81R115 KEL-D
By: Riddle H.B. No. 49
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the offense of criminal trespass by
illegal aliens and to certain procedures for arresting illegal
aliens suspected of committing criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 30, Penal Code, is amended by adding
Section 30.055 to read as follows:
Sec. 30.055. CRIMINAL TRESPASS BY ILLEGAL ALIENS. (a) A
person commits an offense if the person:
(1) is a citizen of any country other than the United
States; and
(2) enters or remains on or in any public or private
property in this state in violation of 8 U.S.C. Section 1325 or
1326.
(b) An offense under this section is a Class B misdemeanor.
SECTION 2. Article 14.03, Code of Criminal Procedure, is
amended by adding Subsection (h) to read as follows:
(h)(1) In the course of acting on a reasonable suspicion
that a person is committing or has committed an offense, including
an offense under Section 30.055, Penal Code, a peace officer may
arrest the person without a warrant if the peace officer before
making the arrest seeks and receives confirmation from the United
States Immigration and Customs Enforcement component of the United
States Department of Homeland Security that the person is an alien
who is present in the United States in violation of 8 U.S.C. Section
1325 or 1326.
(2) On receiving the confirmation described by
Subdivision (1), the peace officer immediately shall take the
person before a magistrate in compliance with Article 14.06. After
placing under oath and questioning the peace officer and on a
finding of probable cause to believe the person arrested is an alien
who is present in the United States in violation of 8 U.S.C. Section
1325 or 1326, the magistrate may issue a state warrant under this
subsection. The warrant must specify the applicable violation or
violations of federal criminal law as previously confirmed with the
United States Department of Homeland Security as described by
Subdivision (1). A warrant issued under this subsection expires on
the earlier of:
(A) the time the person is transferred into
federal custody; or
(B) 72 hours after issuance.
SECTION 3. This Act takes effect September 1, 2009.